QLD Caveat and trust fund protection

[Barry123]

Hello,
My ex partner has put in a settlement request for my assets ( assets that have been 100% financially supported by me). She has lodged a caveat on my property (property title is in my name) . I have some questions about this situation . Any suggestions appreciated.

Can I transfer my assets to a trust fund ? ( as there is no court order yet ...)
Should she have also put in a statuary declaration with her caveat application and put a public notice in a media publication to make the public aware of the caveat?

Cheers
Barry

 

[Barry123]

Anyone there ????

 

[Atticus]

Your query may be have been more appropriately posted in the family law forum..

To better answer YOUR questions, first answer these.

1) were you living together as de facto? ... how long?
2) By "request for assets", does that mean a property settlement has been filed? ... What court?
3) Any children together?

Should she have also put in a statuary declaration with her caveat application and put a public notice in a media publication to make the public aware of the caveat?

Stat dec declaring what?
No need for a public notice that I am aware of

 

[Barry123]

Hello .
yes Defacto 9 years
A request to put in offer for settlement has been requested to my lawyer from hers but to this date she has given no detail of what she actually asking for ...... Then out of the blue this caveat turns up.
No children
Stat Dec - I read the dmnr outline for a caveat and it says it requires a stat dec to be filed the same time a caveat is - .......

thanks for your help .
Barry123

 

[Atticus]

Thanks...

If the stat dec was a requirement in lodging a caveat (as in a supporting affidavit for example) then the SD must have been supplied if there is now a caveat.

As for transferring funds & assets into a trust, you can but that won't protect it.... There are full & frank disclosure rules in property settlements. Typically you are required to declare all transactions involving asset's for the 12 months preceding final separation, & all after separation.

 

[Barry123]

Ok Thanks Again , Just a couple more questions..
As i understand I can put in a lapsing notice on the caveat... does this mean she has to act on it by triggering a court hearing if she wants to keep the caveat alive? And then thats where the big money starts rolling out in legal fees ?
If I have the prefix changed of my survey title plans on my land - say from CP123456 to RP123456 will that cancel the current caveat for the original application on CP123456?
The communication that I have been trying to get across to her is the neither of us are going to gain any money as we both have the similar assets and liabilities but she still using a caveat to lever some money out of me (no kids) . If the division goes 40/60 we owe each other $0.... If she puts up a fight to get 50/50 then what I owe her will be used in her legal fees .......
Thanks for reading my whinge .... Any comments or tactics appreciated.

Barry123

 

[Atticus]

A caveat is only a problem if you are planning on selling... May be different state by state, but I believe it will lapse anyway after 3 months if no action is taken by her, ie, court.... Don't know about changing the prefix, but I doubt that would work.

Not having a caveat won't alter her equitable interest in the property.... As a de facto she can still file a property settlement up to 2 years after separation (longer if she is granted leave to apply) ... She could file a DIY application for little cost, under $1K. She may file interim orders along with it seeking a restriction on your dealings with the place anyway.

Any comments or tactics appreciated

You should take ALL the facts, figures & current valuations to a family law solicitor for an opinion on what a fair & equitable division may be .... You may be better off offering something near acceptable to both avoid court & costs

 

[Barry123]

Ok Thanks,
The frustrating part is I have offered her to come and get anything from the house to start her new residence , and offered to pay for removal fees AND I have offered a cash amount of $8000 as well ( considering the financial input she has put in the relationship (1%) and if the split goes 35/65 she will owe me $7000 ) . BUT still no counter offer or comment from her . Its financially abusing me through legal fees and getting nowhere ....
SO she must think a caveat on my home will get her something....

Barry123